MoviePlay.com

Terms of Use

WELCOME TO MOVIEPLAY.COM, A SERVICE OF MOVIEPLAY. PLEASE REVIEW THE FOLLOWING TERMS OF SERVICE AGREEMENT ("AGREEMENT") THOROUGHLY, AS IT GOVERNS YOUR USE OF MOVIEPLAY.COM AND YOUR RELATIONSHIP WITH MOVIEPLAY; WHEN YOU PURCHASE A MOVIEPLAY.COM MEMBERSHIP, YOU AGREE TO BE BOUND BY AND COMPLY WITH ITS TERMS. IF YOU DO NOT AGREE TO COMPLY WITH THE TERMS OF THIS AGREEMENT, YOU SHOULD NOT PURCHASE A MOVIEPLAY.COM MEMBERSHIP. WE MAY REVISE AND UPDATE THIS AGREEMENT FROM TIME TO TIME. IF YOU HAVE A MOVIEPLAY.COM MEMBERSHIP, WE MAY ATTEMPT TO INFORM YOU OF ANY MATERIAL CHANGES BY SENDING AN EMAIL TO THE ADDRESS YOU HAVE PROVIDED AS PART OF YOUR MEMBERSHIP INFORMATION. OTHERWISE, YOU MAY VIEW THE MOST RECENT AGREEMENT AT MOVIEPLAY.COM.

TERMS OF PURCHASE

YOU MUST BE 13 YEARS OF AGE OR OLDER TO PURCHASE AND USE A MOVIEPLAY.COM MEMBERSHIP. BY PURCHASING A MOVIEPLAY.COM MEMBERSHIP, YOU AFFIRM THAT YOU ARE 13 YEARS OF AGE OR OLDER.

YOUR MOVIEPLAY.COM MEMBERSHIP GIVES YOU UNLIMITED ACCESS TO OUR CATALOG OF FULLY LICENSED MOVIES ("PRODUCTS") FOR THE DURATION OF YOUR MEMBERSHIP. PAYMENT OF FEES FOR YOUR MOVIEPLAY.COM MEMBERSHIP MUST BE MADE WITH EITHER A VALID CREDIT OR DEBIT CARD. IF YOUR PAYMENT INFORMATION IS INSUFFICIENT, OR NOT ACCURATE, CURRENT, AND COMPLETE, WE MAY REFUSE YOUR MEMBERSHIP PURCHASE. MEMBERSHIP FEES ARE NON-REFUNDABLE, AND ARE SUBJECT TO CHANGE AT ANY TIME WITH OR WITHOUT NOTICE.

MEMBERSHIP IS ON A NON-RECURRING BASIS - IN OTHER WORDS, YOU PAY ONLY ONCE. THE DURATION OF YOUR MOVIEPLAY.COM MEMBERSHIP WILL DEPEND ON THE MEMBERSHIP LEVEL YOU HAVE PURCHASED.

YOU AGREE TO PROVIDE ACCURATE, CURRENT, AND COMPLETE INFORMATION DURING THE MEMBERSHIP REGISTRATION PROCESS ("REGISTRATION INFORMATION"). YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE SECURITY OF YOUR REGISTRATION INFORMATION, AND FOR ANY AND ALL USE OF YOUR MOVIEPLAY.COM MEMBERSHIP ACCOUNT ("ACCOUNT"). MOVIEPLAY WILL NOT BE RESPONSIBLE FOR ANY UNAUTHORIZED USE OF YOUR ACCOUNT. YOU AGREE TO NOTIFY US IN WRITING IMMEDIATELY IF YOU SUSPECT ANY UNAUTHORIZED USE OF OR ACCESS TO YOUR ACCOUNT.

USE OF MOVIEPLAY.COM

CONDITIONED ON YOUR COMPLIANCE WITH THIS AGREEMENT AND FULFILLMENT OF ANY APPLICABLE PAYMENT OBLIGATIONS, WE GRANT TO YOU A PERSONAL, LIMITED, NONEXCLUSIVE, NONTRANSFERABLE LICENSE TO USE MOVIEPLAY.COM, AND ANY PRODUCTS YOU MAY PURCHASE, FOR PERSONAL, NONCOMMERCIAL USE ONLY. ALL RIGHTS IN MOVIEPLAY.COM AND PRODUCTS NOT EXPRESSLY GRANTED TO YOU ARE RESERVED BY MOVIEPLAY AND/OR ITS LICENSORS.

YOU SHALL NOT USE MOVIEPLAY.COM IN ANY MANNER THAT VIOLATES ANY APPLICABLE LAW, REGULATION, OR TERM OF THIS AGREEMENT. SPECIFICALLY, EXCEPT AS MAY BE AUTHORIZED BY THIS AGREEMENT YOU AGREE THAT YOU WILL NOT (I) MODIFY OR ATTEMPT TO MODIFY MOVIEPLAY.COM IN ANY MANNER OR FORM, (II) COPY, DISTRIBUTE, OR CREATE DERIVATIVE WORKS BASED ON THE MOVIEPLAY.COM OR PRODUCTS, (III) EXPLOIT MOVIEPLAY.COM IN ANY WAY WHATSOEVER, INCLUDING BUT NOT LIMITED TO, BY TRESPASS OR BURDENING NETWORK CAPACITY, OR (V) SUBLICENSE, SELL, OR RESELL THE MOVIEPLAY.COM, PRODUCTS, OR ANY ELEMENTS THEREOF. YOU SHALL NOT ACCESS OR ATTEMPT TO ACCESS A MOVIEPLAY.COM MEMBERSHIP ACCOUNT THAT YOU ARE NOT AUTHORIZED TO ACCESS. VIOLATIONS OF SYSTEM OR NETWORK SECURITY MAY RESULT IN CIVIL OR CRIMINAL LIABILITY.

YOU UNDERSTAND THAT BY USING MOVIEPLAY.COM, YOU MAY ENCOUNTER MATERIAL THAT YOU MAY DEEM TO BE OFFENSIVE, INDECENT, OR OBJECTIONABLE, AND THAT SUCH CONTENT MAY OR MAY NOT BE IDENTIFIED AS HAVING EXPLICIT MATERIAL. MOVIEPLAY WILL HAVE NO LIABILITY TO YOU FOR SUCH MATERIAL - YOU AGREE THAT YOUR USE OF MOVIEPLAY.COM IS AT YOUR SOLE RISK.

THE DESCRIPTIONS AND CATEGORIES OF PRODUCTS ARE PROVIDED FOR CONVENIENCE ONLY. WE DO NOT GUARANTEE THAT SUCH DESCRIPTIONS ARE ACCURATE OR UP TO DATE.

WE AND OUR LICENSORS RESERVE THE RIGHT TO CHANGE, SUSPEND, REMOVE, OR DISABLE ACCESS TO MOVIEPLAY.COM AND/OR ANY PRODUCTS AT ANY TIME, WITHOUT NOTICE OR LIABILITY TO YOU.

INTELLECTUAL PROPERTY

MOVIEPLAY.COM, INCLUDING BUT NOT LIMITED TO GRAPHICS, TEXT, AND PRODUCTS ("MOVIEPLAY.COM CONTENT") INCLUDE OR CONTAIN PROPRIETARY MATERIAL OWNED BY MOVIEPLAY AND/OR ITS LICENSORS, AND IS PROTECTED BY APPLICABLE INTELLECTUAL PROPERTY LAWS AND OTHER LAWS, INCLUDING COPYRIGHT AND TRADEMARK LAW. MOVIEPLAY AND/OR ITS LICENSORS OWN AND RETAIN ALL RIGHTS, INCLUDING THE WORLDWIDE COPYRIGHT, IN THE MOVIEPLAY.COM CONTENT SOLELY AND EXCLUSIVELY, FOR THE DURATION OF THE RIGHTS IN EACH COUNTRY, IN ALL LANGUAGES, AND THROUGHOUT THE UNIVERSE. YOU AGREE THAT YOU WILL NOT USE THE MOVIEPLAY.COM CONTENT IN ANY WAY WHATSOEVER EXCEPT AS IN COMPLIANCE WITH THE TERMS OF THIS AGREEMENT. YOU AGREE NOT TO MODIFY, RENT, LEASE, LOAN, SELL, DISTRIBUTE, REDISTRIBUTE, OR CREATE DERIVATIVE WORKS BASED ON THE MOVIEPLAY.COM CONTENT EXCEPT AS MAY BE PERMITTED BY APPLICABLE LAW. YOU AGREE NOT TO ALTER OR DELETE ANY PROPRIETARY NOTICES FROM ANY PRODUCTS YOU DOWNLOAD.

YOUR PURCHASE OF PRODUCTS DOES NOT CONSTITUTE A TRANSFER TO YOU OF ANY COMMERCIAL OR PROMOTIONAL USE RIGHTS IN THE PRODUCTS, AND DO NOT CONSTITUTE A GRANT, WAIVER, OR OTHER LIMITATION OF ANY RIGHTS OF THE COPYRIGHT OWNERS IN ANY CONTENT EMBODIED IN ANY PRODUCT.

MOVIEPLAY, THE MOVIEPLAY.COM LOGO, AND OTHER TRADEMARKS, GRAPHICS AND LOGOS USED IN CONNECTION WITH MOVIEPLAY.COM ARE TRADEMARKS OR REGISTERED TRADEMARKS OF MOVIEPLAY IN THE UNITED STATES AND/OR OTHER COUNTRIES. OTHER TRADEMARKS USED IN CONNECTION WITH MOVIEPLAY.COM MAY BE TRADEMARKS OF THEIR RESPECTIVE OWNERS. NO RIGHTS ARE GRANTED TO YOU WITH RESPECT TO THE USE OF ANY SUCH TRADEMARKS.

DISCLAIMERS

YOU EXPRESSLY AGREE THAT YOUR USE OF MOVIEPLAY.COM IS AT YOUR SOLE RISK. MOVIEPLAY.COM AND ALL PRODUCTS ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MOVIEPLAY MAKES ABSOLUTELY NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAWS, MOVIEPLAY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATIONS OF RIGHTS.

MOVIEPLAY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF MOVIEPLAY.COM WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT MOVIEPLAY MAY SUSPECT OR CANCEL MOVIEPLAY.COM AT ANY TIME WITHOUT NOTICE TO YOU.

LIMITATION OF LIABILITY

MOVIEPLAY IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY WEBSITE, NETWORK, COMPUTER SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, OR SOFTWARE, OR FOR ANY FAILURE DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR MOVIEPLAY.COM, OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY COMPUTER OR OTHER DEVICE ON OR THROUGH WHICH MOVIEPLAY.COM IS PROVIDED. UNDER NO CIRCUMSTANCES WILL MOVIEPLAY BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM YOUR USE OF MOVIEPLAY.COM OR PRODUCTS.

IN NO CASE WILL MOVIEPLAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE TO YOU FOR (I) LOST INCOME, LOST PROFITS, LOSS OF DATA, ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, OR CLAIMS OF THIRD PARTIES, (II) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OR RELIANCE UPON THE COMPLETENESS OR ACCURACY OF MOVIEPLAY.COM, PRODUCTS, OR OTHER INFORMATION MADE AVAILABLE VIA MOVIEPLAY.COM. THESE LIMITATIONS OF LIABILITY FOR SUCH LOSSES WILL APPLY EVEN IF MOVIEPLAY HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MOVIEPLAY' LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

MOVIEPLAY' AGGREGATE LIABILITY ARISING UNDER OR WITH RESPECT TO YOUR USE OF MOVIEPLAY.COM WILL IN NO EVENT EXCEED THE TOTAL FEES PAID BY YOU.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS MOVIEPLAY AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, PARTNERS, AFFILIATES, AND LICENSORS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF MOVIEPLAY.COM, ANY PRODUCTS, YOUR VIOLATION OF THIS AGREEMENT, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.

TERMINATION

WE RESERVE THE RIGHT TO TERMINATE OR RESTRICT YOUR MEMBERSHIP AND/OR ACCESS TO MOVIEPLAY.COM IF WE IN OUR SOLE DISCRETION CONSIDER YOUR USE TO BE IN VIOLATION OF ANY OF THE TERMS OF THIS AGREEMENT. WE MAY, BUT SHALL BE UNDER NO OBLIGATION TO, PROVIDE YOU WITH A WARNING PRIOR TO TERMINATION OR RESTRICTION OF YOUR USE OF MOVIEPLAY.COM. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR SUCH TERMINATION, OR RESTRICTION OF YOUR ACCOUNT AND/OR ACCESS.

ARBITRATION

ANY DISPUTE CONCERNING MOVIEPLAY.COM OR THIS AGREEMENT WILL BE SETTLED BY BINDING ARBITRATION IN BOSTON, MASSACHUSETTS, IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. JUDGMENT UPON THE AWARD MADE BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. YOU ACKNOWLEDGE THAT AGREEING TO SUCH BINDING ARBITRATION CONSTITUTES A WAIVER OF YOUR RIGHT TO A JURY TRIAL, AND THAT THIS AGREEMENT TO ARBITRATE IS VOLUNTARY AND NOT LEGALLY REQUIRED. IF ANY ARBITRATION OR LEGAL ACTION OR SIMILAR PROCEEDING IS INSTITUTED BY EITHER PARTY CONCERNING THE PAYMENT OF OUR FEES OR COSTS ADVANCED HEREUNDER, THE PREVAILING PARTY WILL BE ENTITLED TO COLLECT ITS REASONABLE ATTORNEYS' FEES, IN ADDITION TO ANY OTHER RELIEF THE PARTY MAY OBTAIN.

GENERAL CONDITIONS

THE FAILURE OF MOVIEPLAY TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THIS AGREEMENT WILL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND MOVIEPLAY, AND GOVERNS YOUR USE OF MOVIEPLAY.COM, SUPERSEDING ANY PRIOR AGREEMENTS BETWEEN YOU AND MOVIEPLAY (INCLUDING, BUT NOT LIMITED TO, ANY PRIOR VERSIONS OF THIS AGREEMENT).

NO AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISER-FRANCHISEE RELATIONSHIP IS INTENDED OR CREATED BY THIS AGREEMENT.

IF ANY PART OF THIS AGREEMENT IS HELD INVALID OR UNENFORCEABLE, THAT PORTION WILL BE CONSTRUED IN A MANNER CONSISTENT WITH APPLICABLE LAW TO REFLECT, AS NEARLY AS POSSIBLE, THE ORIGINAL INTENTIONS OF THE PARTIES, AND THE REMAINING PORTIONS WILL REMAIN IN FULL FORCE AND EFFECT. OUR FAILURE TO ENFORCE ANY RIGHT OR PROVISIONS IN THIS AGREEMENT WILL NOT CONSTITUTE A WAIVER OF THAT PROVISION OR ANY OTHER PROVISION OF THIS AGREEMENT.

CONTACT US

IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THIS AGREEMENT, PLEASE CLICK HERE TO CONTACT US.